Guidance needed

[Mary&Trev 0]

Backstory: Trev and I were approved for a visa in Nov. He crossed at the end of Dec. I lost my job shortly thereafter. We waited and waited hoping I would find a job. We decided not to get married for a myriad of reasons, not the least of which was the fact that I could not provide supporting documentation that I could support us and I was really scared about that. He left NC in April.

Fast forward 4 months......We've worked the myriad of things out, I got a job and have started grad school. He tried to cross this a.m. to see me and was refused entry. They told him that because he had been issued a visa that was intended immigration that he was still considered attempting to immigrate and was not allowed entry without a visitor's visa.

Now, I know we can't file another K1 for 2 years (is this correct?), and that's all fine and dandy, but #######, why can't he come visit? And, what is my recourse.....I'm just devastated and need to be able to DO something.

Thanks in advance

Mary

[Otto 83]

Backstory: Trev and I were approved for a visa in Nov. He crossed at the end of Dec. I lost my job shortly thereafter. We waited and waited hoping I would find a job. We decided not to get married for a myriad of reasons, not the least of which was the fact that I could not provide supporting documentation that I could support us and I was really scared about that. He left NC in April.

Fast forward 4 months......We've worked the myriad of things out, I got a job and have started grad school. He tried to cross this a.m. to see me and was refused entry. They told him that because he had been issued a visa that was intended immigration that he was still considered attempting to immigrate and was not allowed entry without a visitor's visa.

Now, I know we can't file another K1 for 2 years (is this correct?), and that's all fine and dandy, but #######, why can't he come visit? And, what is my recourse.....I'm just devastated and need to be able to DO something.

Thanks in advance

Mary

I believe you can refile for the same person. Hope it works out.

[SpiritAlight 1]

Dear Mary and Trev,

This is heart wrenching.

This is why borders must dissolve now.

Oops, I mustn't get on a rant...

It is great to be in integrity and take your time to lay out a good foundation before making a commitment, and the immigration process does not allow for the human element. (This is obviously a huge deal to me.) So, good that you took your time and look at what happened. Now you are ready and the government is not. Does anyone see the problem here. Does the government care?

Bah!

I don't know what to tell you other than speak to a U.S. immigration lawyer.

Get referred to a kick-assss one that takes no prisoners (type), and she/he can help.

Of course all this costs money, and in the end what is more valuable: time or money?

Before hiring one though you have options:

first check out for free advice from free lawyers and free/initial advice from ones that charge.

Free ones: those that volunteer some time to help the less financially fortunate.

The border between U.S. and Canada has changed over the past few years.

We never had problems coming and going before.

Sigh.

I hope someone here has had some experience in this matter and can give you some concrete guidance.

Please do tell us how it goes for the two of you.

Edited August 30, 2008 by SpiritAlight

[trailmix 77]

Backstory: Trev and I were approved for a visa in Nov. He crossed at the end of Dec. I lost my job shortly thereafter. We waited and waited hoping I would find a job. We decided not to get married for a myriad of reasons, not the least of which was the fact that I could not provide supporting documentation that I could support us and I was really scared about that. He left NC in April.

Fast forward 4 months......We've worked the myriad of things out, I got a job and have started grad school. He tried to cross this a.m. to see me and was refused entry. They told him that because he had been issued a visa that was intended immigration that he was still considered attempting to immigrate and was not allowed entry without a visitor's visa.

Now, I know we can't file another K1 for 2 years (is this correct?), and that's all fine and dandy, but #######, why can't he come visit? And, what is my recourse.....I'm just devastated and need to be able to DO something.

Thanks in advance

Mary

Sorry to hear he isn't allowed to visit just now. I think the answer to your recourse question is in your posting. They mentioned to him that he will need a visa to visit - I would suggest that he attempt to apply for a visitors visa and see how that pans out. If they won't give him one - then I would suggest you contact an immigration attorney.

Before applying for the visitor's visa it would be a good idea to investigate it fully and ensure your boyfriend has lots of proof of ties to Canada.

Good luck.

Edited August 30, 2008 by trailmix

[Ontarkie 14,502]

YOU can apply for the k-1 again just put down why you didnt marry and how he went home and now have things settled in a your cover letter.

The 2 years rule is not really cant file another k-1 its just needs a waiver if you had 2 or more k-1's in that time i think. Someone will tell you more about it i'm sure.

Sorry the visiting will be alot harder on the 2 of you now.

Edited August 30, 2008 by Ontarkie

[Mary&Trev 0]

k, so I'll have him apply for a visitor's visa. maybe a call to my senator would help it along? i'll look up some lawyers too. gawd, just what my grad student schedule needs.

spirit - to everything you said.

and, if i can really go ahead and file another k1, then we'll move forward with that. wonder why i thought i had to wait?

he's got plenty of proof of ties to canada.

this just sucks.

thanks to everyone for your feedback, wouldn't have made it through the first time without ya!

peace,

m

Edited August 30, 2008 by Mary&Trev

[Carlawarla 1]

Yes, that is true. If you apply for more than two 129F petitions within a 2 year period, you have to write out a waiver with your application. Now my understanding is that it's MORE than 2 within the 2 years, however you might want to read the fine print more closely. Those with MORE than the 2, seem to go ahead as well without a problem, with a letter just outlining why you're applying again. This is not a big deal. You do NOT need an immigration lawyer to do this.

It's all hindsight now, but you should have just gotten married, and worried about the I-485 and supporting him etc. later. You could have had a co-sponsor, you could have waited to file the I-485. Being unemployed anyway is not a reason why you would have been denied the AOS. Something to think about for the future anyway.

Maybe you want to look at another visa instead of another K-1...something that would allow him to work upon arrival in the US? Get married, and if you have the time now, why not a CR-1?

I'm sure that with an explanation, he could get a visitor's visa while awaiting the visa process. I don't know where he is, but unless things have changed, he wouldn't have to apply or be interviewed for this necessarily in Montreal or Vancouver. I know someone who was interviewed in Calgary for this.

Let us know how this pans out! Best of luck!